In my previous three letters, I talked about the "Model State Emergency
Health Powers Act". The Association of American Physicians and
Surgeons (AAPS) rightly feels that the Act would be taking away many of
our freedoms.

My quotations are from the Act itself and from an article called "AAPS
ANALYSIS (DRAFT): EMERGENCY HEALTH POWERS ACT TURNS GOVERNORS INTO
DICTATORS", that is found at http://www.aapsonline.org .

The Act does not hold the people "in charge" accountable. Article
VIII, Section 804, concerning liability, will not allow the State
authorities or its political subdivisions to be "liable for the death of
or any injury to persons, or damage to property, as a result of
complying with or attempting to comply with this Act" unless it is a
case of "gross negligence or willful misconduct".

The AAPS brings up a good point when it says that terrorists could cause
more damage to Americans' civil rights than they could possibly do
without this Health Powers Act. With such a policy in force, a
terrorist could, with the help of the media and resulting hysteria,
cause a scare that would result in the Governor declaring an emergency.
Then follows the use of force in order to achieve "safety".

There is a quotation by Benjamin Franklin that fits here: "They who can
give up essential liberty for a little temporary safety deserve neither
liberty nor safety."

Not only would people be forced to submit to medical treatment, but the
Act would also allow the public health authority "to control, restrict,
and regulate by rationing and using quotas, prohibitions on shipments,
price fixing, allocation or other means, the use, sale, dispensing,
distribution, or transportation of food, fuel, clothing and other
commodities, alcoholic beverages, firearms, explosives, and
combustibles, as may be reasonable and necessary for emergency
response." Article IV Section 402 ( c ) and Section 405 (b).

People who refuse to be vaccinated, even though they are not infected,
may be quarantined. They would be placed in facilities where they might
be exposed to infected persons. This is made apparent with the
statement that "to the extent possible", the places will be kept safe
and hygienic and "all reasonable means shall be taken to prevent the
transmission of infection among isolated or quarantined individuals".
Article V, Section 503 (a) The uninfected people who are placed there
could be at higher risk than they would be if given the freedom to
protect themselves in their own way. Amazingly, this point is brought
out by the Association of American Physicians and Surgeons!

Can we assume that the public health authorities will be "reasonable"?
As the AAPS has several times stated, public health professionals are
still requiring children to receive the hepatitis B vaccine even though
uninfected children CANNOT give hepatitis B to anyone else and "there is
a minuscule risk that he can acquire the disease at school". Yet the
parents of an unvaccinated child are told that he will not be allowed to
attend school without it.

Suggestions are given in the AAPS article for ideas for state
legislators to consider as they grapple with the issue of biowarfare
crises. Our legislature should reject the Health Powers Act and take
care that our system of checks and balances is not jeopardized.